Loading...
HomeMy WebLinkAboutmin 06-04-801S3 CITY COUNCIL MINUTES · . CI-TY COUNCIL CHAMBERS UKIAH, CA. 111 W. Church June 4, 1980 AGENDA ACTION TAKEN CALL TO ORDER 6:30 PM. Mayor 'Hickey presiding. Councilmembers present: RileY, Feibusch; Snyder, Myers, Hickey. Staff present: Swayne, Orchard, Harris, Beard, Goforth, Tillotson, Melvin INVOCATION PLEDGE OF ALLEGIANCE Councilmember Riley Mayor Hickey CONSENT CALENDAR CONSENT CALENDAR Councilmember Feibusch requested that Item 4/3 be pulled. M/S: Snyder/ Myers to approve Items ~/1, 2, 4-5 as follows: 1) Payroll Warrants ~/10101- 10255, $100,232.14 2) General Warrants ~/14663 - 14732, $550,317.00 4)- Authorization to file notice of completion for construction of street improvements on Scott Street 5) ReSolution No. 80-87 terminating Social Security coverage. Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, Hi ckey NOES: None ABSENT: None 3) Minutes, May 21, 1980 M/S: Feibusch/Riley to approve · minutes of May 21, 1980 as corrected. Motion carried by the following roll call vote' AYES: Riley, Feibusch, Snyder, Myers, Hickey · NOES: None ABSENT: None . . PUBLIC HEARING PUBLIC HEARING 6) Enforcement of specific traffic City Manager Swayne stated that the regulations at Pear Tree Shopping City has received a request from the Center & Orchard Plaza Shopping Police Chief to make it possible to Center enforce specific California Vehicle Code sections in the private parking lots of Pear Tree Shopping Center and Orchard Plaza Shopping Center. Public hearing opened. No one spoke. Public hearing closed. Councilmember Riley felt that the police had more important matters than enforcing parking in a shopping center. Mayor Hickey pointed out that this would be a periodic patrol through the parking lots and enforcement of violations at that time rather than undue time spent patroling parking lots. M/S: Snyder/Riley to introduce Ordinance No. 747 by title 0nly. Unanimously carried. M/S: Snyder/Myers to introduce Ordinance No. 747 amending Division 8, Chapter 3, Article 4 of the Ukiah City Code (Regulations of P~ivate Parking Areas). Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None 7) Enforcing curb markings on the City Manager Swayne stated the private roads serving co,anercial Cit2 has received requests from establishments at Pear Tree Pear Tree Shopping Center for Center enforcement of curb markings. Public heariug opened. No one spoke. Public hearing closed. M/S: Myers/Riley to introduce subject Ordinance by title only. Unanimously carried. M/S: Snyder/Myers to introduce Ordinance amendi.ng Division 8, Chapter 1, of the Ukiah City Code (regulations of' privately owned and maintained'roads in commercial establishments). Councilmember Snyder felt the ordinance needed to be redrafted as there would be a problem with enforcement. Mayor Hickey pointed out that the shopping center has requested the ordinanae as they have problemJ with cars parked in fire access areas. Councilmember Feibusch pointed out that merchants have little rec, ourse but to call the police for cars that obstruct the shopping center. City Manager Swayne sugges.ted that the matter be tabled for two weeks for clarification of questions raised. M/S: Riley/Feibusch to table motion until ~ouncil's June 18, 1980 meeting. Motion carried by 4~1 voice vote (Snyder dissenting). ORDINANCES & RESOLUTIONS ORDINANCES & RESOLUTIONS 9) Adoption of Ordinance No. 746 M/S: Snyder/Myers to adopt Ordinance Prezoning Airport Industrial No. 746 by title only. Motion carried Park by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None. M/S: Snyder/Feibusch to adopt Ordinance No. 746 prezoning Airport Industrial Park. Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None . TIMED AGENDA TIMED AGENDA 8) Wastewater Treatment Plant City Manager Swayne stated the City Improvements .is in the middle of a project to expand' the facilities at the Water Treatment Plant; the City has received State and Federal funding for the project. Kennedy Engineers have now advised additional requirements are necessary to complete the design work at an increased cost. This has created a c~itical problem as far as funding is concerned. He suggested a meeting with the State to attempt to define a course of action to get' the improvements and designs made. Richard Kennedy, Kennedy Engineers, stated that the project has expanded over what was originally anticipated and there have been four elements of work that have been increased in scope: 1) Corps of Engineer's requirement for a levee; 2) chlorination requirements; 3) new trickling filter system be installed; and 4) OSHA requirements. Mayor Hickey asked if some of these requirements were foreseeable? Mr. Kennedy pointed out that there has been inflationary trends and four additional elements were not contemplated. Councilmember Feibusch felt it was important to receive opinions from other engineering firms and also felt there are possibilities of alternate ideas that could be utilized for the project and that some of the requirements should be challenged. Mayor Hickey asked Councilmember Feibusch if he would be willing to go to Sacramento and obtain further information on the necessity of various requirements? Councilmember Feibusch stated he would but felt the City needed an unbiased opinion of the project. It was determined-that there wasn't time to get another opinion before next week. It was the consensus of the Council that this matter be postponed to the next regular meeting to allow time for information from the meeting with the State. REPORTS FROM BOARDS, COMMITTEES, COMMISSIONS REPORTS FROM BOARDS, COMMITTEES, COMMISSIONS 8) Appeal of Variance No. 80-76 M/S: Riley/Myers to uphold the Allred, Doolin Canyon Road recommendations of the Ukiah Planning Commission and deny Variance No. 80-76. Councilmember Riley stated she felt this matter should be settled in court. Councilmember Feibusch felt~ that the road should be left as'is, applicant to'make improvements and eliminate the court costs. Mayor Hickey agreed with Councilmember Feibusch and added that this is an easement and not n dedicated right of way. · Richard Burton, attorney representing Mr. Allred, presented Council with a map showing the boundary problems, tie further ~tated that application for w~rt. ance i~ made under Section 9221, Article 15 of Zoning Code which is specifically designed to permit development of a lot that does not front on a street. Mr. Burton requested that the Planning Commission's ruling be Reg .MLg. l'a~;~' 2 185 overturned and the variance be granted based on applicant furnishing a 30' easement. Mayor ttickey asked if Mr. Near would be required to' put in sidewalks and curbs? Mr. Burton Stated that Mr. Near does not use this road and would not be his responsibility to maintain it. He also stated that the City would have no obligation to maintain this road. Councilmember Myers asked if this had been discussed with Mr. Gilkey? Mr. Burton indicated that they had not and only the improvements of the road would have an impact on Mr. Gilkey. Councilmember Feibusch ~asked who would be responsible for the maintenance of the road? Mr. Burton s'tated it would be the responsibility of the property owners. Bill Beard, Assistant Director of Public Works, stated that the public utilities that do exist to the property owned by applicant should be dedicated to the City in order to contain the necessary sewer and water main extensions. Councilmember Snyder pointed out that houses 'were built on Clay Place before it was a dedicated street. Mr. Burton stated that the Zoning Code section application is made under refers to '"private" not "dedicated" streets. Councilmember Riley questioned the traffic impact on' this private road as future development occurs. City Manager Swayne s.tated he would recommend granting of the variance on the condition that applicant provide evidence to the Council that he has a 30' easement and the City will not recognize it as a street, Councilmember Snyder asked if the 30' easement was for vehicu, lar traffic Or utilities? City Manager Swayne stated that applicant already had a 15' easement for utilities. City Attorney Orchard pointed out that it is a private road in the sense of private ownership but also public in that it is an easement that the public can travel over. Councilmember Myers stated his concern with the drainage problems in the area. City Manager Swayne stated that a minor subdivision requires proper drainage. Charles Gilkey, 1296 Helen, stated it is not his intent to prevent develop- ment of single family residences but was concerned with deterioration of the street due to increased traffic and installation of utilities; damage to existing landscaping and the possibility of damage due to surface ruffoff created by the development. He requested that applicant be required to bring the existing paved area of Doolin Canyon Road adjacent to his property into compliance with City specifications; proper drainage be provided and landscaping not be damaged. 'Councilmember Feibusch asked if applicant could be required to pave the road in front of his property? Mr. Burton stated that applicant is willing to do that. Councitmembers Riley and Myers withdrew their motion. M/S: Feibusch/Snyder to grant .applicant Variance No. 80-76 with the following special conditions: 1) A 30' right of way easement dedicated to the City across parcels fronting Helen; 2) Dedication of 40' right of way on applicant's parcels; 3) Process a parcel map through the Engineering Department for Parcels 3-500-20 & 21 and 3-490-14; 4) Sewer and water main be extended from Helen to the three .parcels at applicant' s expense; 5) Undergrounding of electrical service to all new development at applicant's expense; 6) Drainage control along Doolin Canyon Road from the subj'ect parcels to Helen be the responsibility of applicant; 7) Repaving of Doolin Canyon Road from Helen to the subject parcels be the responsibility of applicant and any damage to private property landscaping be repaired at applicant's expense. Motion carried by the following roll call vote: AYES: Ri. ley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None ' RECESS: 8:07 PM ORDINANCES & RESOLUTICNS ORDINANCES & RESOLUTIONS 10) Introduction of Noise Ord t nan ce City Manager Swayne stated that tt~i.s ordinance is a result of City Park Reg. Mtg. 6/4/80 l'~l~;t~ 3 residents' request for a noise ordinance. M/S: Snyder/Riley to read Ordinance No. 748 by title only. Unanimously carried. M/S: Snyder/Myers to introduce Ordinance No. 748 adding Article 6 to-Chapter 1 of Division 7 of the Ukiah Municipal Code prohibiting emission or creation of noise. Councilmember Feibusch asked whose responsibility it is to determine the noise factor? City Manager Swayne replied that it is the police department's r espons ib i Ii ty. Councilmember Riley 'felt the sentence referring to amplifying equipment on page 7, lines 17-19 should be deleted. She also referred to Section 6051 - Drums, page 5 and felt it would be difficult to en.force. Councilmember Feibusch ~eferred to Section 6053 - Animals and Fowls and asked if this section referred to dogs~ Mayor Hickey stated it did. M/S: Snyder/Myers to amend the motion by adding: deletion of lines 5-11 on page 5 and deletion of sentence starting on line 17 and ending on line 19 on page 7. Unanimously carried. Motion as amended carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, IIickey NOES: None ABSENT: None lOa) Resolution consenting to execution of agreement between Northern California Power Agency, City of Biggs. & Cities of Healdsburg Roseville and Plumas-Sierra Rural Electric Cooperative M/S: Snyder/Riley to add Item 10a to the agenda. Unanimously carried. City Manager Swayne stated he had received a letter from NCPA indicating since the City of Biggs will not participate in the Shell Project, the cities of Healdsburg, Roseville and Plumas-Sierra Rural Electric Cooperative desire to acquire City of Biggs' rights and obligations. M/S: Snyder/Riley to adopt Resolution No. 80-88. Motion carried .by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None CITY ATTORNEY REPORT None CITY MANAGER REPORT City~ Manager Swayne presented to City Council for their information a memorandum from the Plarrning Director regarding the water service/annexation agreement with Kennedy Homes. CITY COUNCIL REPORTS CITY COUNCIL REPORTS 11) Lapkass collection housing Nicholas Lapkass, 1178 N. Oak asked · Council to help him in locating a . place of storage for his materials. Councilmember Feibusch asked what is contained in the collection? Mr. Lapkass stated it contained almanacs, ~ictionarys, encyclopedias as well as magazines. Councilmember Snyder asked if there is any room at the high school? Council- member Myers explained that Mr. Lapkass has been exploring this but with no positive results as yet. Councilmember Riley suggested that perhaps one 'of Ukiah's historical houses might have room for storage and this could be checked out with the County Historical Society. Councilmember Feibusch asked if the City had any storage? City Manager Swayne stated it did not. Mayor Hickey stated that the Council is aware of the problem and will do all they can to help Mr. Lapkass. 12) Committee appointments M/S: Riley/Myers to direct staff to advertise for appointments to a citizens advisory committee for an alternative energy committee. Motion carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None 13) Appointments to Commissions After discussion, it was the consensus of the Council that the vacancy created by Bill Fowler's resignation would be filled now and Sister Jane Kelly's position would be f~lled after its expiration. Counc[lmember Snyder nominated Don VanderMey; Councilmember Riley nominated Michael Kelley; Councilmcmber Myers nominated Terri F~.te. The balloting resulted in a tie vote for VanderMey and Kelley. The second ballot resulted in the nomination of blicl~ael Kelley. Councilmember Riley asked that an advertisement be placed for further recruitment to fill the upcoming vacancy on the Planning Con~nissJ. on. M/S: Riley/Myers to adopt Resolution No. 80-90 reappointing commission and board members to Airport, Cultural Arts, Planning, Parking Advisory, Recreation & Parks Conflnissions. ~' Councilmember Snyder stated several people have call. ed her concerned with the makeup of the Airport Commission. Specifically, the opinions expressed concerned Dick Sarber's conflict of interest on the commission. She was of the opinion that ttle conflict does exist and recommended that he not be reappointed. M/S: Riley/Myers to amend motion to delete Dick Sarber's name from Airport Commission. Unanimously carried. Councilmember Feibusch asked why his removal was necessary? Councilmember Snyder stated there has been considerable comment on his being a member of the Commission, owning a business at the airport and renting offices from the City. She also indicated that he was not in business when he was first appointed to the Commission. Councilmember Feibusch asked that this vacancy on th& Airport Commission be announced along with the vacancy on the Planning Commission. Motion as amended carried by the following roll call vote: AYES: Riley, Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None Councilmember Riley noted that a person living.on North Oak 'had concerns about weed abatement and she noted that this was scheduled for the next Council meeting. Councilmember Riley asked if a copy of the garbage contract could be obtained? City Manager Swayne indicated it could. Councilmember Riley referred to the MTA 1980-81 Transit Funds request and asked for Council input prior to a scheduled meeting next week. Council- members Snyder, Feibusch and Mayor Hickey were Of the opinion that the City continue with the MTA operation as it is at the present time, thereby assuring that the City's transportation needs are met and a portion o'f the SB 325 monies will go to street improvements. Councilmember Ril&y was in favor particularly of the portion of the proposal which would provide a jitney service within the City and expand bus service to the outlying areas. Councilmember Myers stated he was not in favor of a duplication of service, but felt service to outlying areas was important because it would bring passengers into the City. He was of the opinion that what is going to happen is that MCOG will determine what is available to MTA and MTA will ~then determine what service they will give based on the money they will get. Councilmember Feibusch stated ~e was told by Clyde Oakes and Ida Kunzler that they understood from a downtown merchant that it would be 8-10 months before anything happened on the engineering request for proposal plans. Bill Beard stated that letters to engineers should go out before the end of the week; the deadline is June 30, 1980. Councilmember Feibusch presented to Council a letter Ida Kunzler received from Rosenberg's stating their proposed plans for use of the former Penney's building would not materialize. He requested that a development committee be appointed by the Council with authority to contact various commercial enterprises to determine their interest in establishing their businesses in Ukiah. City Council's comments questioned the cooperation of the Chamber and Downtown Merchants Association with such endeavors. Councilmember Feibusch referred to Cultural Arts Commission minutes wherein it stated the next meeting would be a Bar-B-Q held at the Chairman's home. He felt this was .not appropriate. City Manager Swayne will advise the Commission that the meeting be held in City Chambers am usual. Councilmember Snyder stated she had received notification of the June 14 picnic and looked forward to attending. Councilmember Snyder referred to the public function scheduled at the Sun lloush in the near future. In her opinion, the Council needs to establish a policy of use of the Sun ~ouse. She asked that the City Council or Reg .Mtg. ~, / 4 / l';q',~: 5 188 Cultural Arts Commission look into this to preserve the taxpayers interest in the property. It was the consensus of the Council that at public functions, the Sun House be protected by roping off sections. Mayor tltckey brought to Council's attention SB 1960 and SC 46 which the League of California Cities is recommending opposition,to. M/S: Hickey/Snyder th'at a telephone call be made concerning SB 1960 and a letter written concdrning SC 46 expressing the City's opposition to both bills. Unanimously carried. COMMENTS FROM AUDIENCE None ADJOURNMENT - To Personnel & Litigation session - 10 PM MARY MELVIN Deputy City Clerk Reg .Mtg. Page 6